LAWS(BOM)-1997-8-99

FAHAD R AL DAKHIL Vs. STATE OF MAHARASHTRA

Decided On August 06, 1997
Fahad R Al Dakhil Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been filed by the next friend of the detenu by name Mohammed H.M. Tamer challenging the order of detention dated 5-10-96 issued by Respondent No.2 under the provisions of COFEPOSA Act. The said order as annexed as Annexure 'A' to the petition.

(2.) THE above order of detention was served on the detenu along with the grounds of detention annexed as Annexure 'B' to the petition on 7th October 1996. The detenu was also served with the declaration dated 6th November 1996 under Section 9(1) of the COFEPOSA Act. The petitioner has also challenged the aforesaid declaration.

(3.) MR .Khan, the learned counsel appearing on behalf of the petitioner brought to our notice that the trial of the detenu had commenced on 6th August 1996 and has ended in his conviction by the order of the learned Chief Metropolitan Magistrate, Bombay dated 20th May 1997. By the said order the detenu was sentenced to two years RI and to pay a fine of Rs.50,000/- under Section 135(1)(ii) of the Customs Act and in default to suffer further RI for nine months. The said order of conviction, according to the counsel, has not been challenged in appeal and at present the detenu is undergoing his sentence under the aforesaid order of conviction dated 20th May 1997.